FRAP committee proposes shorter briefs and tighter deadlines

I’m pretty sure most of my readers also read Howard Bashman’s How Appealing blog. But just in case anyone missed it, Bashman reports that the FRAP Advisory Committee (CA3 Judge Chagares is a member and Penn Law professor Catherine Struve is the reporter) yesterday approved a proposal to cut primary briefs from 14,000 to 13,000 words and to eliminate the FRAP 26(c) 3-day rule.

He notes that the committee

plans to consider in the very near future whether the 14-day period for filing a reply brief should be extended to 17 or 21 days. In addition, the FRAP Advisory Committee intends to send a letter to the chief judges of all the U.S. Courts of Appeals explaining that expanding the time for reply briefs will remain under consideration, and that courts should consider continuing to afford 17 days in which to file reply briefs in the interim.

And he explains:

Four more things must occur before this rule amendment goes into effect. The Standing Committee must approve the amendment. The Judicial Conference of the United States must approve the amendment. The U.S. Supreme Court must sign-off on the amendment. And the U.S. Congress must refrain from vetoing the amendment.